ISLAMABAD: Pakistan’s President Asif Ali Zardari this week approved the transfer of three judges from the high courts of Sindh, Balochistan and Lahore to the Islamabad High Court (IHC), despite opposition from five IHC judges who had warned that the decision would not be in line with the constitution. 

As per a notification from the Ministry of Law and Justice on Saturday, Zardari approved the transfers of Justice Sardar Muhammad Sarfraz Dogar from the Lahore High Court (LHC), the Sindh High Court’s (SHC) Justice Khadim Hussain Soomro and the Balochistan High Court’s (BHC) Justice Muhammad Asif to the IHC. 

Local media reports had stated the government was considering transferring Justice Dogar as it wanted to elevate him to the post of IHC chief justice. Reports said incumbent IHC Chief Justice Aamer Farooq is expected to be elevated to the Supreme Court. 

Five of the 10 IHC judges formally opposed Justice Dogar’s transfer on Friday. In a letter addressed to the chief justices of the Supreme Court, IHC, LHC and SHC, the judges said that if the decision to transfer the judge was to consider him as IHC chief justice, it would be “fraud on the constitution.”

In a notification released on Saturday, the Ministry of Law and Justice announced:

“In exercise of the powers conferred under clause I of Article 200 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to transfer:

Mr. Justice Sardar Muhammad Sarfraz Dogar, judge from the Lahore High Court to the Islamabad High Court, Mr. Justice Khadim Hussain Soomro judge from the Sindh High Court to the Islamabad High Court and Justice Muhammad Asif judge from the Balochistan High Court to the Islamabad High Court.”

Pakistan’s constitution empowers the president to transfer a judge from one high court to another after the concerned judge consents to the decision. The president can approve the transfer after consulting the chief justice of Pakistan and the chief justice of both high courts.

The Islamabad Bar Council unanimously rejected the president’s decision in a statement on Saturday. 

“This decision is an affront to the independence of the judiciary and undermines the rights and representation of the legal fraternity in Islamabad,” the council wrote in a press release. 

The council said it has convened an Emergent General House Session at 11:00 am on Sunday, along with the Cabinets of the Islamabad High Court Bar Association and the Islamabad District Bar Association, to deliberate on the “future course of action.” 

“The Islamabad Bar Council urges the legal fraternity to unite in this critical time to uphold the sanctity of the judiciary and protect the interests of the Islamabad’s legal practitioners,” it added. 

KARACHI: Pakistan’s National Accountability Bureau (NAB) has filed a reference against real estate tycoon, Malik Riaz Hussain, and 32 other individuals over illegal transfer of government lands for a mega project in the southern Pakistani city of Karachi, a NAB spokesperson said on Saturday.
Hussain, who currently lives in Dubai, is one of Pakistan’s wealthiest and most influential businessmen and the country’s largest private employers. He is best known as the chairman of M/s Bahria Town, which claims to be Asia’s largest private real estate developer and has projects in Islamabad, Lahore, Karachi and other cities.
NAB filed the reference in an accountability court in Karachi nominating Hussain, his son Ahmed Ali Riaz, former Sindh chief minister Syed Qaim Ali Shah and Sharjeel Inaam Memon, then local body minister and now information minister of Sindh, among 33 people for illegally transferring government land to M/s Bahria Town for its Bahria Town Karachi project in 2013 and 2014.
“Accused persons in connivance with each other illegally transferred the government land, initialy admeasuring 7220 acres, to M/s Bahria Town,” the anti-graft body said in the reference. “The said illegal transfer of government land to Bahria Town was made under the garb of adjustment/exchange/consolidation.”
It said the accused persons acted as an “organized syndicate” to cause cumulative losses of Rs700 billion ($2.5 billion) to the national exchequer, requesting the court to try them for committing the “offenses of corruption and corrupt practices.”
The development came days after NAB said it had initiated the process to seek Hussain’s extradition from the United Arab Emirates (UAE), who was also charged in another land corruption case involving former prime minister Imran Khan and his wife.
A Pakistani court last month sentenced Khan to 14 years in prison and his wife, Bushra, to seven years, in the case in which they are accused of receiving land as a bribe from Hussain through the Al-Qadir charitable trust in exchange for illegal favors during Khan’s premiership from 2018 to 2022. Khan says he and his wife were trustees and did not benefit from the land transaction. Hussain too denies any wrongdoing relating to the case.
“We have written to the Federal Investigation Agency for the extradition,” a NAB spokesman told Arab News on Wednesday, adding that the FIA would now pursue the case.
Prior to that, Defense Minister Khawaja Asif confirmed that Pakistan would use its extradition treaty with the UAE to bring Hussain back.
Last month, NAB also cautioned people against investing in Hussain’s new real estate venture to build luxury apartments in Dubai.
“If the general public at large invests in the stated project, their actions would be tantamount to money laundering, for which they may face criminal and legal proceedings,” it said.
Hussain responded to NAB in a post on X, saying that “fake cases, blackmailing and greed of officers” had forced him to relocate from Pakistan because he was not willing to be a “political pawn.”